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advice on arrests

  • 02-07-2013 7:29pm
    #1
    Registered Users, Registered Users 2 Posts: 2


    hi, im new here so please bear with me if this out of line for the forum.
    i am asking what the procedure would be in ireland from complaint to arrest, should it be a case of the crime being commited the offender being arrested straight away and then charged or released , or is it a case of offender being allowed free until evidence is gathered and then arrested and charged and released i have a circumstance to which im not sure of, and lol im not a guilty party , thanks in advance for your replies.


Comments

  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    ynotna wrote: »
    hi, im new here so please bear with me if this out of line for the forum.
    i am asking what the procedure would be in ireland from complaint to arrest, should it be a case of the crime being commited the offender being arrested straight away and then charged or released , or is it a case of offender being allowed free until evidence is gathered and then arrested and charged and released i have a circumstance to which im not sure of, and lol im not a guilty party , thanks in advance for your replies.


    If there is a complaint I am assuming there is no evidence at that stage other than the complaint. A person may be arrested for purpose of proper investigation of a crime. Depending on which Act there are strick time limits that the arrest can last. At the end of the time the person must be either released or charged. If the person is released depending on the section he or she can be latter arrested for the purpose of charge if necessary. What will normally happen if the investigation is ongoing is the person will be granted station bail. If the person is to be charged then its they can be bailed or brought to court. The norm is station bail and the file goes to DPP who will decided on prosecution.

    Info here http://www.citizensinformation.ie/en/justice/arrests/detention_after_arrest.html


  • Registered Users, Registered Users 2 Posts: 2 ynotna


    thankyou for the reply exactly as i thought, in the event of a situation outside of these gudelines where would the best place to make a complaint , of course hoping that the complaint would be dealt with and not thrown in the bin


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    ynotna wrote: »
    thankyou for the reply exactly as i thought, in the event of a situation outside of these gudelines where would the best place to make a complaint , of course hoping that the complaint would be dealt with and not thrown in the bin

    They are not guidelines they are law. If a person is or believes an unlawfull arrest or detention occurred their first stop should be a solicitor as depending there may be either a civil case or a complaint to the Garda Ombudman or indeed both.


  • Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    OP sounds to me as if you're asking:

    "If a complaint is made how long does it take to arrest someone?"

    Am I right in assuming that? You're not asking how long can someone be under arrest for?

    The answer to the first question is 1 second to never I'm afraid. Is the situation here that you feel a complaint has not been properly investigated by the Gardai? (police)

    Apologies if I misunderstood you.


  • Registered Users, Registered Users 2 Posts: 1 nick_Cork


    Hi there,
    I was unlawfully arrested and couple days ago I won the case, judge rulled that gards breached my constitutional right. I've spent 6 weeks in jail ( of which 22 day due to negligence of officers), lost girlfriend ( her 5 year old daughter lost father she never had ), dog, working as a sole trader my business went down 50-55% and I'm barely surviving and will have to move into caravan.There was 5000 euro missing in money they found and were there and this wasn't yet brought up.

    How much should I be ranging for???


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  • Closed Accounts Posts: 7,333 ✭✭✭Zambia


    90 million but be prepared to haggle.


  • Banned (with Prison Access) Posts: 2,252 ✭✭✭Dia1988


    nick_Cork wrote: »
    Hi there,
    I was unlawfully arrested and couple days ago I won the case, judge rulled that gards breached my constitutional right. I've spent 6 weeks in jail ( of which 22 day due to negligence of officers), lost girlfriend ( her 5 year old daughter lost father she never had ), dog, working as a sole trader my business went down 50-55% and I'm barely surviving and will have to move into caravan.There was 5000 euro missing in money they found and were there and this wasn't yet brought up.

    How much should I be ranging for???

    Seems to me that they unlawfully released you back into society!


  • Banned (with Prison Access) Posts: 625 ✭✭✭roadsmart


    nick_Cork wrote: »
    Hi there,
    I was unlawfully arrested and couple days ago I won the case, judge rulled that gards breached my constitutional right. I've spent 6 weeks in jail ( of which 22 day due to negligence of officers), lost girlfriend ( her 5 year old daughter lost father she never had ), dog, working as a sole trader my business went down 50-55% and I'm barely surviving and will have to move into caravan.There was 5000 euro missing in money they found and were there and this wasn't yet brought up.

    How much should I be ranging for???

    imagejpg1_zps8f264952.jpg


  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Just because you got off a criminal charge does not automatically mean you were arrested and detained unlawfully. I'm curious as to why you are asking here when you likely already have a solicitor and barrister from the criminal case.


  • Registered Users, Registered Users 2 Posts: 13,258 ✭✭✭✭Losty Dublin


    nick_Cork wrote: »
    Hi there,
    I was unlawfully arrested and couple days ago I won the case, judge rulled that gards breached my constitutional right. I've spent 6 weeks in jail ( of which 22 day due to negligence of officers), lost girlfriend ( her 5 year old daughter lost father she never had ), dog, working as a sole trader my business went down 50-55% and I'm barely surviving and will have to move into caravan.There was 5000 euro missing in money they found and were there and this wasn't yet brought up.

    How much should I be ranging for???

    It's quite a complex formulae that is applied by the presiding judge, who in taking into account with the evidence given by you and the case as presented by your legal team and the defence. As can be seen here, nothing is left to chance in cases such as this.....

    conmcsweeney_490.jpg


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